28 July 2017
Commodity: Hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN code s ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427900019 and 8431200019). For the purpose of this Regulation (2017/1348), hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example: (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissor lifts); or (iv) to lift and to weigh the loads (weighing trucks).
Countries/Economies: The Chinese mainland and Vietnam.
Action: On 20 July 2017, the Official Journal published Commission Implementing Regulation 2017/1348 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation 1008/2011, as amended by Implementing Regulation 372/2013, on imports of hand pallet trucks and their essential parts originating in the Chinese mainland by imports consigned from Vietnam, whether declared as originating in Vietnam or not, and making such imports subject to registration. The European Commission has received a request to investigate the possible circumvention, lodged on 6 June 2017 by PR Industrial SRL and Toyota Material Handling Europe (‘the applicants’), Union producers of hand pallet trucks. The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Implementing Regulation 1008/2011 on imports of hand pallet trucks and their essential parts originating in the Chinese mainland, as amended by Implementing Regulation 372/2013 (‘the existing measures’). The prima facie evidence submitted shows, among other matters, that a significant change in the pattern of trade involving exports from the Chinese mainland and Vietnam to the Union has taken place following the increase of the definitive anti-dumping duty on the product concerned by Implementing Regulation 372/2013, without sufficient due cause or economic justification for such a change other than the imposition of the duty. Imports of the product under investigation will be made subject to registration so that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied from the date on which registration of such imports was imposed.
Dates: Questionnaires must be requested from the Commission within 15 days from the date of entry into force of Regulation 2017/1348. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of entry into force of the Regulation, unless otherwise specified. Producers in Vietnam requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time limit. Interested parties may also apply to be heard by the Commission within the same 37-day time limit. Regulation 2017/1348 entered into force on the day following that of its publication in the Official Journal.